Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Emigration Ordinance, 1979

Section: 18(b),22(b)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Emigration Ordinance (XVIII of 1979), Ss.18(b) & 22(b)---Arranging fake visa for abroad---Bail, grant of---Further inquiry---Prosecution case was that accused extorted an amount of Rs. two lac from complainant with the false promise of sending him abroad for employment---Complainant was abandoned there and came back to Pakistan---Record showed that an agreement was executed between accused and complainant, whereby it was agreed that in lieu of Rs. Three lac, accused would be bound to provide visa/work permit within a period of one month by sending the complainant abroad---Rupees one lac was paid to accused in presence of witnesses---Statement of solitary witness had not been recorded---Witness had not been cited in whose presence, an amount of Rs. One lac was paid---Record showed that accused had not been nominated in the present case---Question as to whether complainant was cheated by the accused or not needed further probe in the matter---Accused had not been directly charged in the FIR---Accused was charged for the offence after conducting preliminary inquiry, after two and half years of the occurrence--- Facts and circumstances had made out the case within the ambit of further inquiry---Accused was admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Emigration Ordinance (XVIII of 1979), Ss.18(b) & 22(b)---Causing any person to emigrate fraudulently, receiving money for providing foreign employment---Bail, grant of---Further inquiry---Offences under Ss. 18 & 22 of the Emigration Ordinance, 1979 provided alternate punishment of fine---If offence was proved against the accused, he would be awarded punishment to the extent of 14 years or fine or both---If bail was refused, it would amount punishment without trial---Bail was allowed in circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail matter were purely tentative in nature and would not prejudice the proceedings before the Trial Court. THIS JUDGMENT DELIVERED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:--- .--- Accused/petitioner Haji Faqir Khan…

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